Open burning of materials can pose a threat to life and property in
the Town of Barton if not properly controlled. Such burning can cause air
pollution, which can have detrimental effects on a citizen's health.
Such burning can spread and cause damage and possible loss of life to other
properties and their owners. It is the purpose of this chapter to provide
for the safety, health, protection and general welfare of persons and property
in the Town of Barton by restricting the open burning of combustible materials.
It is not the intent of this chapter to prohibit recreational burning if proper
precautions are followed.
As used in this chapter, the following terms shall have the meanings
indicated:
BURNING
Any outdoor fire or outdoor smoke-producing process from which air
contaminants are emitted directly into the outdoor atmosphere.
BURNING BARREL
A burning barrel shall have vent holes and be covered with screen,
shall be emptied monthly and shall not be allowed to smolder.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food.
OPERATOR
Any person who has care, custody, or control of a building or premises,
or a portion thereof, whether with or without knowledge of the owner thereof.
OWNER
Any person who, alone or jointly or severally with others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, including but not limited to a dwelling or dwelling
unit, as owner or agent of the owner or as a fiduciary, including but not
limited to executor, administrator, trustee, receiver, guardian or as mortgagee
in possession regardless of how such possession was obtained. Any person who
is a lessee or sublessee of all or any part of any premises, including but
not limited to a dwelling or dwelling unit, shall be deemed to be a co-owner
with the lessor and shall have joint responsibility with the owner over the
premises or portion thereof so leased or subleased.
PERSON
Includes corporations, companies, associations, societies, firms,
partnerships and joint-stock companies, as well as individuals.
REFUSE
All waste material, including but not limited to garbage, diapers,
rubbish, incinerator residue, street sweepings, dead animals or offal, solid
or liquid waste material, including but not limited to rags, furniture, cans,
crockery, plastics, cartons, chemicals, paint, grease, sludge, oils, and other
petroleum products, treated lumber, demolition materials, tires and automobiles
and other vehicles and parts for junk, salvage or disposal.
RUBBISH
Untreated clean wood, trees, leaves, trimmings and brush.
Except as permitted elsewhere in this chapter, no person, including
but not limited to an owner or operator, shall cause, suffer, allow or permit
the following to be burned within the Town of Barton outside of the limits
of the Village of Waverly:
C. Burning of rubbish generated by residential, commercial
or industrial activities other than agriculture.
Nothing contained in this chapter shall pertain to the operation of
outdoor grills or fireplaces for the preparation of food where the source
of heat is wood, charcoal or gas.
Residential burning restrictions:
A. Burning in a burning barrel shall be permitted, providing that it is not contrary to any other law, as follows: small-scale land clearing/cleanup and/or demolition material consisting of untreated clean wood, trees, leaves, trimmings, brush and paper products. Such burning shall be done only on the site where the materials are generated. (NOTE: See §Â
67-6C below.)
B. Campfires for recreational purposes, with a flame height
not to exceed three feet and in an area cleared of combustible materials to
a minimum of three feet around the outside of the fire pit.
C. Prior to any large-scale burning of land clearing/cleanup
and/or demolition material consisting of untreated clean wood, trees, leaves,
trimmings, and brush, the proper fire company and the Tioga County Sheriff's
office shall be notified. Such notification shall include the location and
time of the burn. The Sheriff's office shall also be notified when the
burn is completed. This requirement does not apply to burn barrels or campfires.
D. All burning allowed under this section shall be attended
at all times by a responsible adult.
E. Appropriate fire-extinguishing equipment, as designated
by the Fire Chief, Constable or Code Enforcement Officer, shall be available
at all times during the burn.
F. Burning for the purpose of training by the Fire Department.
Enforcement of this chapter shall be by the Town of Barton Constables
and Code Enforcement Officers, Sheriff's Department, or any other peace
officer or police officer, when acting pursuant to their special duties.
If any word, clause, sentence, paragraph, subdivision or part of this
chapter shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder hereof,
but shall be limited in its application to the word, clause, sentence, paragraph,
subdivision or part hereof directly involved in the controversy in which such
judgment shall have been rendered.
This chapter shall become effective upon filing with the Secretary of
State.